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Articles 1 - 30 of 63
Full-Text Articles in Law
Modification Requests In Community Associations: Do We Know What’S Reasonable?, Beth M. Gazes
Modification Requests In Community Associations: Do We Know What’S Reasonable?, Beth M. Gazes
Touro Law Review
The Fair Housing Act (“FHA”) as well as the New York State Human Rights Law (“HRL”) provide, inter alia, that qualifying individuals shall be granted reasonable modifications or accommodations to afford such individuals either full enjoyment of the premises or an equal opportunity to enjoy their dwelling, respectively. Both laws likely extend to common areas of the development but arrive at this protection in different ways. Namely, through the FHA’s implementing rules (“Rules”) and with guidance from the Department of Housing and Urban Development (“HUD”), courts have easily interpreted the FHA to extend to common areas but stop short …
Recent Case Law, Disparate Impact, And Restrictive Zoning, Michael Lewyn
Recent Case Law, Disparate Impact, And Restrictive Zoning, Michael Lewyn
Touro Law Review
The Fair Housing Act (“FHA”) prohibits housing discrimination, including the refusal to sell or rent housing based on race, color, religion, sex, familial status or national origin,and any policy or conduct that “otherwise make[s] unavailable or den[ies], a dwelling [based on these impermissible factors].”In 2015, the Supreme Court interpreted the “otherwise make unavailable” language of the Act to mean that the FHA includes not only claims for intentional discrimination, but also claims for disparate impact. Under the disparate impact doctrine, a defendant may be liable for facially neutral rules or policies that disproportionately favor one racial group over another.
Zoning …
The Future Of Cryptocurrency And Real Estate Transactions, Rachel Silverstein
The Future Of Cryptocurrency And Real Estate Transactions, Rachel Silverstein
Touro Law Review
Bitcoin and other cryptocurrencies are all the rage right now and are beginning to make their ways into everyday transactions— including real estate transactions. This article discusses whether using cryptocurrencies to complete real estate transactions will become the norm in the near future. Cryptocurrency laws in general are few and far between, but laws surrounding cryptocurrency and real property are even more sparse. Recent case law involving cryptocurrency is a major focus of this article, along with background knowledge about cryptocurrency and the meaning of “money” as we know it today. The article concludes with a discussion about the unlikelihood …
20 Ways To Fight Housing Discrimination, Ian Wilder
20 Ways To Fight Housing Discrimination, Ian Wilder
Touro Law Review
When looking at the continuing size of the problem of discrimination it is easy to be paralyzed into inaction by the sweeping scope of the undertaking. A good remedy is to find actions that an individual can take to move toward justice. Though Dr. King is often quoted as stating that “the arc of the moral universe is long, but it bends toward justice,” that bend in the arc is caused by legions of activists pulling the future toward justice. Robert Kennedy noted in his opposition to apartheid in South Africa that “a million different centers of energy and daring …
Theft, Extortion, And The Constitution: Land Use Practice Needs An Ethical Infusion, Michael M. Berger
Theft, Extortion, And The Constitution: Land Use Practice Needs An Ethical Infusion, Michael M. Berger
Touro Law Review
There are many ways in which property owners/developers interact with regulators. To the extent that texts and articles deal with the ethical duties of the regulators, they tend to focus on things like conflicts of interest. But there is more. This article will examine numerous other ways in which regulators may run afoul of ethical practice in dealing with those whom they regulate
Charles Reich: Due Process In The Eye Of The Receiver, Harold Hongju Koh
Charles Reich: Due Process In The Eye Of The Receiver, Harold Hongju Koh
Touro Law Review
No abstract provided.
Private Largess In The Digital Age: Privacy In Reich's The New Property, Raymond H. Brescia
Private Largess In The Digital Age: Privacy In Reich's The New Property, Raymond H. Brescia
Touro Law Review
No abstract provided.
Introduction To Charles A. Reich’S Keeping Up: Walking With Justice Douglas, Rodger D. Citron
Introduction To Charles A. Reich’S Keeping Up: Walking With Justice Douglas, Rodger D. Citron
Touro Law Review
No abstract provided.
Caveat Emptor: Real Property Law’S “Get Out Of Jail Free” Card V. The Property Condition Disclosure Act, Alessandra E. Albano
Caveat Emptor: Real Property Law’S “Get Out Of Jail Free” Card V. The Property Condition Disclosure Act, Alessandra E. Albano
Touro Law Review
No abstract provided.
Introduction To The Conference: Commemorating The Life And Legacy Of Charles A. Reich, Rodger D. Citron
Introduction To The Conference: Commemorating The Life And Legacy Of Charles A. Reich, Rodger D. Citron
Touro Law Review
No abstract provided.
Completing The Portrait: Concluding Thoughts About Charles Reich, Rodger D. Citron
Completing The Portrait: Concluding Thoughts About Charles Reich, Rodger D. Citron
Touro Law Review
No abstract provided.
Due Process Supreme Court Rockland County
Taking Back Bitcoin, Zachary Segal
The Public Trust Doctrine: The Development Of New York’S Doctrine And How It Can Improve, Steven Fink
The Public Trust Doctrine: The Development Of New York’S Doctrine And How It Can Improve, Steven Fink
Touro Law Review
No abstract provided.
Procedural Due Process Claims, Erwin Chemerinsky
Procedural Due Process Claims, Erwin Chemerinsky
Touro Law Review
No abstract provided.
Palazzolo V. Rhode Island: The Supreme Court’S Expansion Of Subsequent Owner's Rights Under The Takings Clause, Leon D. Lazer
Palazzolo V. Rhode Island: The Supreme Court’S Expansion Of Subsequent Owner's Rights Under The Takings Clause, Leon D. Lazer
Touro Law Review
No abstract provided.
When Scalia Wasn't Such An Originalist, Michael Lewyn
When Scalia Wasn't Such An Originalist, Michael Lewyn
Touro Law Review
No abstract provided.
A Modern Guide To The Modifications Of The Rule Against Perpetuities In New York, Kyle G. Durante
A Modern Guide To The Modifications Of The Rule Against Perpetuities In New York, Kyle G. Durante
Touro Law Review
No abstract provided.
Paddling In Mr. Potter's Backyard: Navigating New York's Navigable-In-Fact Doctrine, Matthew Ingber
Paddling In Mr. Potter's Backyard: Navigating New York's Navigable-In-Fact Doctrine, Matthew Ingber
Touro Law Review
No abstract provided.
The Availability Of Benefit Of The Bargain Expectancy-Based Damages For Buyers Defrauded In California Real Estate Transactions, Laurence A. Steckman, Robert E. Conner, Kris Steckman Taylor
The Availability Of Benefit Of The Bargain Expectancy-Based Damages For Buyers Defrauded In California Real Estate Transactions, Laurence A. Steckman, Robert E. Conner, Kris Steckman Taylor
Touro Law Review
No abstract provided.
I'M In The Pursuit Of Your Property: How The Government Disguises A Taking, Amanda Miller
I'M In The Pursuit Of Your Property: How The Government Disguises A Taking, Amanda Miller
Touro Law Review
No abstract provided.
Supreme Court 2002 Term - The Property Cases: Iolta, Qui Tam Actions, And Punitive Damages, Leon D. Lazer
Supreme Court 2002 Term - The Property Cases: Iolta, Qui Tam Actions, And Punitive Damages, Leon D. Lazer
Touro Law Review
No abstract provided.
The Property Rights Revolution That Failed: Eminent Domain In The 2004 Supreme Court Term, David Schultz
The Property Rights Revolution That Failed: Eminent Domain In The 2004 Supreme Court Term, David Schultz
Touro Law Review
No abstract provided.
Takings Cases In The October 2004 Term, Leon D. Lazer
Takings Cases In The October 2004 Term, Leon D. Lazer
Touro Law Review
No abstract provided.
Federalism Cases In The October 2004 Term, Erwin Chemerinsky
Federalism Cases In The October 2004 Term, Erwin Chemerinsky
Touro Law Review
No abstract provided.
Supreme Court, New York County, Uhlfelder V. Weinshall, David Schoenhaar
Supreme Court, New York County, Uhlfelder V. Weinshall, David Schoenhaar
Touro Law Review
No abstract provided.
Court Of Appeals Of New York, Consumers Union Of United States, Inc. V. New York, Daphne Vlcek
Court Of Appeals Of New York, Consumers Union Of United States, Inc. V. New York, Daphne Vlcek
Touro Law Review
No abstract provided.
Court Of Appeals Of New York, Harner V. County Of Tioga, Gerald C. Waters Jr.
Court Of Appeals Of New York, Harner V. County Of Tioga, Gerald C. Waters Jr.
Touro Law Review
No abstract provided.
The Price Of Protection: Compensation For Partial Takings Along The Coast, Matthew Hromadka
The Price Of Protection: Compensation For Partial Takings Along The Coast, Matthew Hromadka
Touro Law Review
No abstract provided.